Claims Counsel - Contract Surety

Merchants Bonding Company; United States; Hybrid; USD 80,000 - 110,000; Full time

Benefits offered by this job

Flexible hybrid and remote opportunities

Free health insurance option

Paid volunteer time off

Infants in the Workplace Program

Job summary

A leading surety company is seeking a Claims Attorney II responsible for investigating and adjusting complex surety bond claims. This role requires a J.D. and at least 5 years of experience in the insurance or surety industry. Responsibilities include negotiating with stakeholders, overseeing outside counsel, and preparing reports on claims. The position also focuses on staying abreast of legal requirements and supporting compliance efforts.

Qualifications

• Must hold a J.D. and have 5+ years of experience in the Surety or related industry.
• Experience in investigating and adjudicating claims is preferred.
• License to practice law in necessary jurisdictions required.

Responsibilities

• Independently investigate and adjust complex claims.
• Negotiate directly with stakeholders to resolve claims.
• Prepare reports summarizing claim issues and resolutions.

Skills

Negotiation

Legal Research

Claims Investigation

Collaboration

Communication

Education

J.D.

5+ years in Surety or Insurance

Job description

Say Yes to the Best Career Opportunities

Merchants Bonding Company™ is hiring professionals who value clarity, collaboration, and opportunities to make an impact. Our team is growing, and we’re looking for people who thrive in a fast-moving environment built on common sense underwriting and first-class experiences. If you're ready for the next step in your career with a team that says yes to the best, this is your opportunity.

Job Purpose

The Claims Attorney II position is responsible to independently investigate and adjust complex claims made on contract surety bonds, communicate orally and in writing with various stakeholders, perform pre-default work, and pursue appropriate salvage and indemnity. This role coordinates payment of loss and expense checks, sets and revises reserves, prepares closing file documentation, and provides account specific and general legal assistance to underwriters and agents. The Claims Attorney II must stay current on applicable State and Federal laws and regulations that apply to handling bond claims.

Job Responsibilities

Claim Investigation and Loss Analysis

• Reviews and analyzes correspondence and documents primarily submitted by claimants and Principals, interviews involved persons, and requests additional documentation in order to determine exposure.
• Documents investigation efforts in claim file and maintain relevant file documentation within Sims file.
• Directs and oversees outside counsel and consultants as necessary to assist with claim investigation or salvage and indemnity aspect of claim.
• Evaluates potential sources of salvage, reimbursement and indemnification for any loss or expense that may be paid. Requests recovery of loss, expenses, and costs in accordance with the terms of the Indemnity Agreement or the surety’s statutory or common law equitable rights or rights of equitable subrogation.
• Negotiate directly with stakeholders to resolve bond and indemnity claims, including creating secured repayment plans, referrals to collection agencies or pursuing indemnity actions.
• Work with the Director of Claims to develop high level strategy for handling of assigned claims and take primary responsibility for implementing same.
• Drafts reasoned determination letters and reviews recommendations with supervisor, as required. Prepares documentation for payments, if approved.
• Make decisions regarding collateral or other indemnity or subrogation rights. Coordinates with Accounting on large losses or to establish cash collateral accounts. Obtains reimbursement pursuant to agreement, such as collateral trust agreements.
• Audits journal entries periodically for accuracy.
• Makes reserve recommendations and posts reserves.
• Conducts review of entire Principal account, including open bonds, Principal file, and involves Underwriters and Agents as appropriate.
• Prepares correspondence and documents for claimants, Principals, or third parties in connection with claims handling process.
• Draft documents as necessary to assist underwriters and agents.
• Attend meetings and legal proceedings independently or in collaboration with the Director of Claims/VP Claims as appropriate in connection with claims handling process.
• Drafts and delivers internal presentations and participates in learning opportunities with underwriters and other internal staff.

Research and Consultation

• Seeks legal counsel or retains consultants as appropriate based on the merits of the claims. Audits outcomes and performance to assure competence. Reviews bills for accuracy and reasonableness. Authorizes payment.
• Stays abreast of claims handling requirements of corresponding jurisdictions and attends required claim and anti-fraud training.
• Reviews bond language, contracts, codes, statutes, and case law, as applicable to the claims.
• Assists underwriters, principals, and agents with legal or claim questions on their active accounts.
• Periodically researches and provides recommendations on a variety of general legal issues for MBC departments.
• Research commercial bond programs and advise underwriting on participation level.
• Analyze financial statements of contractor businesses.

Reporting

• Prepares year end reports, as required, for files by reviewing: status of open claims, Principal’s financial condition, and evaluating accounts for necessary reserve changes.
• Prepares closing memorandums summarizing the claim issues and resolution as well as losses incurred and salvage recovered.
• Prepare claim summaries or other reports for the Compliance Department as necessary.
• Prepare reserve summaries with the assistance of Director of Claims for internal and external reporting purposes.

Qualifications

• Education and Experience: J.D. required plus 5+ years of experience in the Surety, Insurance, or related industry. Experience investigating and adjudicating claims in the surety industry is strongly preferred. License to practice law in appropriate jurisdictions.
• Per the Surety Claims Adjuster policy, must acquire within the first 90 days of employment and maintain an adjuster’s license in every state where a license is required.

Benefits At Merchants

At Merchants, we value balancing the needs of our associates and their families. We offer a wide range of benefits designed to help achieve a healthy work-life balance and support personal and professional growth. In addition to competitive pay, bonus programs, and generous paid-time off, here are a few stand‑out benefits:

• Flexible hybrid and remote opportunities with 37.5 hour work week
• Free health insurance option
• Paid volunteer time off with matching gift program
• Infants in the Workplace Program with family resources
• Discover more at: https://www.merchantsbonding.com/careers#Benefits

About Merchants

For nearly a century, Merchants Bonding Company has focused almost exclusively on surety, delivering common sense underwriting and first-class experiences to agents, accounts, and associates across the country. Merchants stands apart from multi-line carriers by offering deep surety expertise, a flexible approach, and strong financials that instill confidence and foster lasting partnerships.

Our people-first culture is built on collaboration, inclusion, and shared success. We’re committed to helping associates grow through real opportunities for advancement, while supporting a sense of belonging.

If you're looking to join a company that values your unique perspective, encourages new ideas, and invests in your development, apply today!